A Bankruptcy of Reason

Today, is yet another turning point in my attempt to understanding the African psyche, and in particular the so-called educated Zambians ability to reason. Another Task force on Corruption is emerging, and as I had said years ago, I say it again. "It is hogwash, especially if again we allow private individuals to pretend that they are the epitome of anti-corruption".

And in the normal bankruptcy of reason typic of so-called educated Zambians, I was put in a partisan box. "You are pro-RB, that is why you are against a task force".

Pity, is the only word on my mind. Pity. And deep down I ask myself, if ever in their melancholic times they remember Mukelabai Mukelabai. I guess they do not.

To argue against a failed path, does not necessarily mean one belongs to a particular interest group. Very often, I always ask myself why it is that humans can never accept that there are those that sit in the middle, and that it is these that provide objectivity to illogical derivations.

A task force with private individuals is not a panacea to corruption. It is merely a means of enriching a few non-state agents at the expense of diminishing confidence in often qualified public law enforcement and prosecution agents.

Lest we forget, the late President's Chiluba's immunity to criminal prosecution was lifted on the basis of mostly allegations that US $20.5 million dollars for arms purchases was diverted from the public coffers for personal benefit as the arms were never procured, and that in October 1997 a legally binding contract was entered into between the Zambian government and the Carlington Sales Company for supply of 100 000 metric tons of white corn at a cost of US$6 million, but the maize was never delivered!

In our dossier on corruption at that time, two interesting names had surfaced. These being Ari Beni Menashe and Katebe Katoto.

And based on our conviction that a President's alleged tango with such individuals provided adducible evidence of corruption, we marched to parliament to lobby for the removal of Chiluba's immunity.

For those that document events in our country, they will recall that they was conflict between State agents and private individuals as to how Chiluba should be charged. A conflict that was not necessary, as the grounds for lifting the immunity provided a basis on which the former President could be prosecuted.

A Task Force on Corruption was thus created. And the earlier grouping was premised on inter-agency law enforcement cooperation. Notable is that the then DPP, Mukelebai Mukelebai, initially chaired the Task Force. Qualified personnel to constitute a dedicated investigative team were seconded from the Zambia Police Service, Anti-Corruption Commission and other specialised agencies of Governments like Auditor General’s office, Bank of Zambia, Director of Public Prosecutions’ Chambers, Cabinet Office, Government Valuation Department and Zambia Intelligence and Security Services.

Unfortunately, it can be argued that an incumbent President appeared to be under siege, and thus the conflict resulted in a diligent Public Prosecutor being hounded out of office (despite an inquiry not finding him guilty of private interest alleged wrongful conduct).

A parody of anti-corruption emerged from the private interest, and indeed the pursuit of geopolitical interests from some western countries resulting in private individuals usurping Governmental functions. Individuals outside governmental frameworks even ended up signing Task Force MoUs with some Donor countries with the full knowledge that the Task Force on Corruption was not an agency that could appropriate public funds other than through cooperating agencies.

The end result was that Chiluba ended up in court being charged with crimes that were not entirely the basis of the removal of his immunity. The Ari Beni Menashe and Katebe Katoto alleged dealing never constituted cases against Chiluba!

Instead the Zambian populace and indeed the international community were treated to a repertoire of a plunder matrix (in part premised on the ZAMTROP account) that was reduced to several counts of theft by Public Servant Contrary to sections 272 and 277 of the Penal Code, Cap. 87 of the Laws of Zambia.

And of course the rest is history. However, the bottom line is the Task Force under Mwanawasa was inarguably a usurpation of State functions by the private interest, and this we today can not allow.

That there is a Task Force on Corruption to be created is not disputable, what is disputable is that Government does not necessarily need to create a Task Force in the lines of the one we experienced as a country. To even use the word Task Force on Corruption is preposterous!

The country's law enforcement agencies have cooperative frameworks defined under the National Anti-Corruption Policy of 2009. After all a declaration of anti-corruption cooperation was signed by law enforcement agencies in Siavonga in 2009.

To which end, it is incumbent on the current Government to show anti-corruption leadership by providing the political will and increased governmental support to law enforcement agencies within a governmental framework of a joint and cooperative investigation of any allegations of corruption by the ex-President and his ministers. Constituting a Task Force in the lines of the 2002 one is misplaced, and at most will merely serve to undermine the confidence of the country's law enforcement agencies in undertaking their work diligently and professionally.

Private interests and private individuals should be kept at bay, else as a country we are merely manifesting a bankruptcy of governmental reason!